95-148 RESOLUTION NO. 95R-148
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3751, IN
PART.
WHEREAS, the City Planning Commission of the city of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit an accessory convenience market (with prepared food and
off-premises sale and consumption of beer and wine) and an
automated car wash for an existing service station upon certain
real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
THE SOUTH 200 FEET OF THE WEST 200 FEET OF THE
SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS THE
SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID
SECTION IS SHOWN ON A MAP RECORDED IN BOOK 55,
PAGE 38 OF MISCELLANEOUS MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
W~EREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC 95-55 granting, in part,
Conditional Use Permit No. 3751; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. That the proposed use is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code
Sections 18.44.050.070, 18.44.050.080, 18.44.050.195 and
18.87.023.020 to permit an accessory convenience market (with
prepared food) and an automated car wash for an existing service
station with the following waivers:
(a) Sections 18.04.060.013 - Required trees adjacent to street
and 18.44.063.050 frontages.
(minimum 15 trees required; 4 trees
proposed)
(b) Sections 18.44.063.010 - Required setback adjacent to an
and 18.87.030.040 arterial highway.
(c) Sections 18.44.063.040 - Required landscaDin~ adjacent to and
18.87.030.072 interior Dropertv lines.
(minimum 10-foot wide landscaped
setback containing 15 trees required;
1 tree proposed)
2. That waiver (a) is hereby approved, in part, to require
the installation of 6 trees (2 on La Palma Avenue and 4 on Euclid
Street) on the basis that strict application of the Zoning Code
deprives the property of privileges enjoyed by other properties
under identical zoning classification in the vicinity and that 6
trees adjacent to the street frontages, will comply with the
proposed revision to the City's development standards for service
stations having 3 driveways;
3. That Waiver (b) is hereby denied on the basis that it was
deleted following public advertisement;
4. That waiver (c) is hereby approved, in part, to require
the installation of 15 trees in tree wells adjacent to north and
east property lines on the basis that strict application of the
Zoning Code deprives the property of privileges enjoyed by other
properties under identical zoning classification in the vicinity;
5. That there are special circumstances applicable to the
property consisting of its location and surroundings, which do not
apply to other identically zoned properties in the vicinity;
6. That the proposed use will not adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located because the proposed accessory
convenience market and automated car wash are compatible with the
existing service station and immediate neighborhood;
7. That the size and shape of the site for the proposed use
is adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare;
8. That the traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area;
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9. That the granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim;
10. That the premises are located in an area which has a
higher than average crime rate as defined in Section 23958.4 of the
Business and Professions Code, and the applicant failed to
demonstrate that the public convenience or necessity would be
served by the issuance of another license for the off-premises sale
of alcoholic beverages in this area.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning Commission
and all evidence and reports offered at said public hearing before
the City Council regarding said requested waiver(s), that all of
the conditions set forth in Section 18.03.040 of the Anaheim
Municipal Code are present and that said waiver(s) should be
granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting, in part, said
conditional use permit be, and the same is hereby, affirmed and
that Conditional Use Permit No. 3751 be, and the same is hereby,
granted, in part, permitting an accessory convenience market (with
prepared food) and an automated car wash for an existing service
station, but excluding the off-Dremises sale of alcoholic
beverages, on the hereinabove described real property with a waiver
of the following provisions of the Anaheim Municipal Code:
Sections 18.04.060.013 - Required trees adjacent to street
and 18.44.063.050 frontages.
minimum 15 trees required;
4 trees proposed)
Sections 18.44.063.040 - ReGuired landscaping adjacent to
and 18.87.030.072 interior property lines.
(minimum 10-foot wide landscaped
setback containing 15 trees
required; 1 tree proposed)
subject to the following conditions:
1. That the existing most southerly driveway on Euclid
Street shall be removed and replaced with standard curb, gutter,
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sidewalk, and a minimum five (5) foot wide planter with landscaping
and irrigation.
2. That the three (3) remaining driveways shall be
reconstructed to accommodate ten (10) foot radius curb returns in
conformance with Engineering Department Standards.
3. That the legal property owner shall submit evidence of
the date that the parcel was created and obtain a certificate of
compliance from the Public Works-Engineering Department,
Development Services Division.
4. That the developer shall submit a water quality
management plan (WQMP) specifically identifying the best management
practices that will be used on-site to control predictable
pollutant from stormwater runoff. The WQMP shall be submitted to
the Public Works Engineering Department, Development Services
Division, for review and approval.
5. That trash storage areas shall be provided and maintained
in a location acceptable to the Department of Maintenance and in
accordance with approved plans on file with said Department. Such
information shall be specifically shown on the plans submitted for
building permits.
6. That a plan sheet for solid waste storage and collection
and a plan for recycling shall be submitted to the Department of
Maintenance for review and approval.
7. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are on file with the
Planning Department marked Revision No. 1 of Exhibit Nos. 1 and 2.
8. That there shall be n_9o parking in front of the propane
tank. The driveway area adjacent to the tank shall be striped and
clearly marked as a "no parking area."
9. That the sale of alcoholic beverages, including beer and
wine, shall be prohibited.
10. That the public restrooms shall be maintained.
11. That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 3, 4, 5, and 6, above-mentioned,
shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.03.090
of the Anaheim Municipal Code.
12. That prior to final building and zoning inspections,
Condition Nos. 1, 2, 7 and 8, above-mentioned, shall be complied
with.
13. That approval of this application constitutes approval of
the proposed request only to the extent that it complies with the
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Anaheim Municipal Zoning Code and any other applicable City, State
and Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any
other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, or
any part thereof, be declared invalid or unenforceable by the final
judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 8th day of August, 1995.
MAYOR OF THE CITY OF ANA~IM
13262.1\Jt4HITE\August 9, 1995 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL. City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 95R-148 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 8th day of August, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-148 on
the 8th day of August, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 8th day of August, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 95R-148 was duly passed and adopted by the City Council of the City of Anaheim on
August 8th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM